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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 11, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Katharine Albright, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosh, Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Carla Short, Department of Public Works/Bureau of Urban Forestry (DPW/BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; and Manuel Payes, Clerk Typist; Virginia O’Rear, Official Court Reporter.
(1) PUBLIC COMMENT:
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At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting.
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SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
PEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at Market Octavia Neighborhood Commercial Transit District. Zoning Administrator Letter of Determination issued on February 27, 2007. Last day to appeal was March 14, 2007. Jurisdiction request received June 8, 2007. Letter from Judith Berkowitz, agent for Coalition for San Francisco Neighborhoods, requestor, asking that the Board take jurisdiction over a Letter of Determination addressed to the Planning Commission, regarding various issues under the Market Octavia Plan and the newly created Neighborhood Commercial Transit (NC-T) District.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 1 (Commissioner Haaland dissented) to deny the Jurisdiction Request.
SPEAKERS: Marilyn Amini, Agent for the Requestor; Tina Tam, for PD.
PUBLIC COMMENT: Hiroshi Fukuda, Judith Berkowitz, Ellen Kernaghan, Don Datil, and Penelope Clark spoke in favor of the requestor.
(3b) ADOPTION OF FINDINGS:
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Subject property at 1245 Masonic Avenue. Appeal No. 07-035, Haigh vs. DPW BUF, decided June 20, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the denial, and grant the tree removal permit with the following condition: a) that two – 48 inch box replacement trees be planted, and with the species type to be approved by the DPW BUF.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 -1 (Commissioner Haaland dissented) to adopt the findings.
SPEAKERS: None.
PUBLIC COMMENT: Gabriel Berns and Paul Minasian spoke in favor of DPW/BUF.
(3c) REHEARING REQUEST:
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Subject property at 1 Belgrave Avenue. Appeal No. 07-041, Williams vs. DBI, PDA, decided June 13, 2007. At that time, upon motion by Commissioner Fung, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit. Project: on single-family house; one bedroom, one bath horizontal addition to lower level; horizontal addition to upper level living/dining area; master bath and closet remodel; laundry room remodel; interior stair remodel; BPA No. 2005/07/07/7059S.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 1 (Commissioner Haaland dissented) to deny the Request for Rehearing.
SPEAKERS: Stephen William, Attorney for Appellant/Requestor; Richard Carrington, Attorney for Permit Holder.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07- 019
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SUHEIL SALFITI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1598 McAllister Street.
Appealing the denial on February 9, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176, 673.
FOR REHEARING TODAY. Note: On May 16, 2007the Board voted 4-1 (Commissioner Fung dissented) to uphold the denial of the subject permit. On June 13, 2007, the Board voted 5-0 to grant the appellant’s rehearing request, and to schedule the rehearing for July 11, 2007.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Wayne Jones, Agent for Appellant; Carla Short, DPW/BUF.
PUBLIC COMMENT: Mark Topetcher spoke in favor of Appellant.
(5) APPEAL NO. 07-034
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FAISAL SALBI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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723 – 38th Avenue.
Appealing the denial on March 7, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,734.
PUBLIC HEARING HELD & CLOSED ON MAY 16, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to research alternative options, and with a report by the DPW BUF regarding various issues raised by the Board.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 -1 (President Knox dissented) to overrule the denial and to grant the permit with the following conditions: that the replace tree be a 24 inch box size, that the DPW/BUF approve the species of replacement tree, and that the Appellant pay the in-lieu fee as determined by the DPW/BUF.
SPEAKERS: Carla Short, DPW/BUF; Faisal Salbi, Appellant; Marie Conroy –Salbi, wife of Appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. V06-177
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ROGER TELLIS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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180 Corwin Street.
Appealing the denial on November 1, 2006, of Parking Variance (proposal is to allow 5 off-street parking spaces where 6 are required for a 6-unit residential building).
VARIANCE CASE NO. 2006.0878V.
FOR REHEARING TODAY. Note: On May 16, 2007the Board voted 3-2 (Vice President Garcia & Commissioner Albright dissented) to uphold the denial of the subject variance. On June 13, 2007, the Board voted 5-0 to grant the appellant’s rehearing request, and to schedule the rehearing for July 11, 2007.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to overrule the denial and to grant the variance with the following condition: that an in-lieu fee of $100,000 be paid by the Appellant to the Mayor’s Office of Housing and with findings to be adopted at a later date.
SPEAKERS: Tina Tam, PD; Roger Tellis, Appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-021
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CLARA LUSARDI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2164 – 15th Street.
Protesting the issuance on February 27, 2007, to Mikel Jaye, Site Permit to Alter a Building (on 2-unit building: addition at garage level; new stair up from garage to 1st floor; roof deck over addition at garage; new back stair rebuild to 2nd floor from 1st floor, and from 1st floor to rear yard).
APPLICATION NO. 2005/07/20/8161S.
PUBLIC HEARING HELD & CLOSED ON MAY 2, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued pending final result of arbitration proceedings.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reschedule the matter to 12/5/07, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07 - 036
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MARIA ELENA
& PATRICK HANLEY, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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373 Castenada Avenue.
Appealing the denial on March 7, 2007, of Permit to Remove and Replace Three (3) Trees.
ORDER NO. 176,736.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 1 (Commissioner Fung dissented) to uphold the denial on condition that the DPW/BUF monitor the trees annually, to alternate with the annual monitoring by the Forest Hills Association.
SPEAKERS: Carla Short, DPW/BUF; Maria Elena Hanley, Co – Appellant; Bridgette Hanley, daughter of Appellants; Lucy Mejia, Attorney for Appellants.
PUBLIC COMMENT: Michael Bolechowski, Anna Bolechowski, Rike Grasshoff, Peter Gochis, and Harold Wright spoke in favor of DPW/BUF.
Margaret Miller spoke in favor of appellants, and Dan Kelly spoke read a letter from the Forest Hill Association which takes no position on this appeal.
APPEAL NO. 07-054
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HELEN MENKO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2533 – 24th Avenue.
Appealing the imposition of penalty on April 20, 2007, for work done without a permit (on single-family house: abate non-conforming conditions on ground floor consisting of removal of 2nd kitchen and conversion to laundry room; and document existing vinyl windows on main floor, vinyl siding on south side, kitchen and bath cosmetic finishes and fixtures, and remodel on main floor).
APPLICATION NO. 2007/04/06/8185.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: Spence Gosh, DBI; Mark Topetcher, Agent for Appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. V07-008
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PINE STREET HOLDINGS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2255-2257 Pine Street.
Appealing the conditions placed on Minimum Lot Area, Rear Yard, and Off-Street Parking Variances (subdivide an existing through lot of approximately 3,188sf in area into two separate lots).
VARIANCE CASE NO. 2005.1128V.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reschedule the matter to Call of the Chair to await further decisions by the Planning Department.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 07-017
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PERRY CHIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2462 – 27th Avenue.
Protesting the issuance on January 31, 2007, to Peter & Delly Wong, Site Permit to Alter a Building (on single-family house: add 3rd floor with 3 rooms and 2 bathrooms, new dining room, kitchen and exercise room; miscellaneous interior remodeling).
APPLICATION NO.2005/10/14/5610S.
FOR HEARING TODAY. Note: Matter continued from May 16, 2007pending resolution of CEQA appeal at the Board of Supervisors.
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ACTION: Upon motion by President Knox, the Board voted 5 - 0 to reschedule the matter to Call of the Chair pending further environmental review by the Planning Department since the Board of Supervisors disapproved the categorical exemption under CEQA.
SPEAKERS: Stephen Williams, Attorney for Appellant; Tina Tam, PD;
PUBLIC COMMENT: None.
(12) APPEAL NO. 07-051
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CHONG LOW, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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886-890 Lombard Street.
Appealing a Stop Work Order Request dated April 5, 2007, addressed to Isam Hasenin, Director of the Dept. of Building Inspection, asking that Building Permit Application No. 2006/10/23/5704 be suspended because the project (reconstruction of exterior stair at rear) requires neighborhood notification and possibly a variance.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue the matter to 8/29/07 with Appellant, neighbors and Planning Department to confer and attempt to reach a settlement.
SPEAKERS: Spencer Gosh, DBI; Tina Tam, PD; Chong Low, Appellant; Wilson Chan, Agent for Appellant;
PUBLIC COMMENT: Janet Crane, Sandy Miller, and Penelope Clark spoke in favor of ZA.
Nicholas Cheng and Raymond Jang spoke in favor of Appellant.
(13) APPEAL NO. 07-052
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JAZZIE COLLINS, Appellant(s)
vs.
PLANNING COMMISSION, Respondent
Motion Holder(s): TENTH & MARKET LLC
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1407-1435 Market Street.
Protesting the adoption of findings on April 5, 2007, related to the approval of a Planning Code § 309 determination of compliance and request for exceptions for the construction of a residential project containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces.
MOTION NO. 17414.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 2 – 3 (Vice President Garcia, Commissioners Fung and Albright dissented) to reschedule the matter to 08/29/07. Motion failed.
ACTION: Afterwards Upon motion by Commissioner Fung, the Board voted 4 – 1 (Vice President Garcia dissented) to continue the matter to 8/29/07, and for the variance appeal to be heard on 8/29/07 as well.
SPEAKERS: Sue Hestor, Attorney for Appellant; Timothy Tosta, Attorney for Motion Holder; Craig Nikitas, PD; Jazzie Collins, Appellant.
PUBLIC COMMENT: Donald Falk spoke in favor of the Planning Commission.
(14) APPEAL NO. 07-053
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JOHN HEDGES
& JUDY HUBBELL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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143 Park Street.
Protesting the issuance on April 5, 2007, to Dan Irish, Permit to Alter a Building (on single-family house: non-structural build-out of conditioned space in an existing non-conditioned space {garage level}; in kind replacement of front stairs and garage door; extension of deck at side).
APPLICATION NO. 2007/04/05/8159.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to continue the matter to 10/24/07 to allow time for parties to pursue a settlement.
SPEAKERS: Jon Hedges, Co–appellant; Tina Tam, PD; Dan Irish, Permit Holder; Tom Biggs, Agent for Permit Holder.
PUBLIC COMMENT: None.
(15) APPEAL NO. V07-055
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ANDREA HUGINNIE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3732-3734 – 20th Street.
Protesting the granting on April 13, 2007, to William New Jr. & Carolyn Koer Schen, Rear Yard Variance (raise building 2 feet 5 inches in order to accommodate addition of garage at the front of building, and to add a two-story rear deck at the rear of building).
VARIANCE CASE NO. 2006.1508V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 1 (Commissioner Haaland dissented) to uphold the variance.
SPEAKERS: Yvette Huginnie, Appellant; John Pollard, Agent for Variance Holders; Spencer Gosh, DBI; Tina Tam, PD; Craig Nikitas, PD.
PUBLIC COMMENT: Deborah Cort and Accord Taylor – Revas spoke in support of Appellant.
There being no further business, President Knox adjourned the meeting at 1:10 A.M.
Transcripts of these hearings can be obtained from Easteller Bruihl, Official Court Reporter.
